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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2173 OF 2012.
Amolkumar s/o Madanmohan Jaiswal,
Aged about 29 years, Occ -
Cultivator, r/o. Mishra Lane,
Sadar Bazar, Paratwada, Tq. Achalpur,
District Amravati. .... PETITIONER.
VERSUS
1. State of Maharashtra,
through the Collector, Akola.
2. Special District Social Welfare
Officer, Social Justice Department,
having their office at Collector
Office, Akola.
3. Manik Kisanrao Gawai,
Aged about 36 years, Occ - Labour.
4. Sau. Nanda Manik Gawai,
Aged about 34 years, Occ - Labour.
5. Rajkumar Kisanrao Gawai,
Aged about 45 years, Occ - Labour.
6. Sau. Ratna Rajkumar Gawai,
Aged about 36 years, Occ - Labour.
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Above 3 to 6 r/o. Mauje Kinkhed,
Tq. Murtizapur, District Akola. ..... RESPONDENTS.
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Shri A.M. Ghare, Advocate for the Petitioner. Shri S.M. Ghodeswar, A.G.P. for respondent nos. 1 and 2. Shri N.P. Lambat, Advocate for Respondent nos. 3 to 6.
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CORAM : B.P. DHARMADHIKARI,
J.
DATE : OCTOBER 13, 2017.
ORAL JUDGMENT :
Heard learned counsel for the parties.
2. Learned counsel for respondents point out that petition arise out of an interim orders passed in Civil Suit and hence, in the light of judgment (2017) 5 SCC 533 (Ram Kishan Fauji .vrs. State of Haryana and others), the petition is not maintainable.
3. Learned counsel for the petitioner submits that as per his instructions, suit itself has been decreed and hence challenge to interim order may not survive. ::: Uploaded on - 23/10/2017 ::: Downloaded on - 24/10/2017 00:10:42 :::
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4. It is apparent that in the light of law laid down by the Hon'ble Supreme Court, present petition under Article 226 cannot be looked into.
5. Even if cognizance for grievance is to be taken under Article 227, if suit is already decreed, interim order passed during its pending cannot now survive. Hence, even in that perspective, challenge is rendered infructuous. Accordingly, Writ Petition is disposed of as such. Rule discharged. No costs.
JUDGE Rgd.
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